J.D. v. State, 49A05-0901-JV-40
5th Dist., 07-21-09, Ind.App.
Attorney: Elizabeth A. Gabig
Holding:
Juvenile waived his right to fact-finding hearing within sixty days of filing petition alleging delinquency under I.C. 31-37-11-2(b) by failing to object when trial court set the hearing outside the sixty-day time limit. The requirement that a juvenile object to a trial date set after the relevant deadline facilitates compliance by trial courts with speedy trial requirements. Dean v. State, 901 N.E.2d 648 (Ind.Ct.App. 2009). Court sees no reason not to apply case law interpreting Criminal Rule 4(C) to I.C. 31-37-11-2. Moreover, without clear authorization, Court could not say that a violation of the sixty-day limit of I.C. 31-37-11-2(b) required trial court to dismiss the allegations that Defendant was a delinquent child. When a child is in detention, and appropriate time limits are not met, the statutory remedy is not dismissal of charges and discharge of child, but release of child either on his own recognizance or to his parents, guardian, or custodian. See I.C. 31-37-11-7; Brown v. State, 448 N.E.2d 10 (Ind. 1984). Held, denial of motion to dismiss affirmed.
